Terms of Services - Maintenance & Support Plan
By placing an order with JustSimple Dotcom, you confirm that you are in agreement with and bound by the Terms and Conditions below.
Definitions
- JustSimple Dotcom: Primary designer/site owner & employees or affiliates.
- The Client: The company or individual requesting the services of JustSimple Dotcom.
General
We will regularly monitor our performance and adherence to this Service Level Agreement. Depending on your plan, we will send you a weekly or monthly report on various aspects of your website, including security and performance scans, SEO rankings, up-time percentages, analytics, optimizations, latest plugin updates, and recent maintenance tasks. However, if you wish to unsubscribe from these reports, you can contact us to do so.
Maintenance Plan
1.1 To subscribe to a Maintenance Plan, select the plan on the website and complete the sign-up process. Your subscription is subject to our approval, and it is considered complete only after you pay the first installment of the fee, and we confirm your subscription. We reserve the right to reject your application for any reason.
1.2 To purchase any other services, fill out the form on the website and pay the fee upfront. If, for any reason, we are unable to provide the services, we will inform you and refund the fee. For instance, if we cannot complete a one-time task or fix a WordPress malware emergency by the following working day, we will provide a refund.
1.3 You agree that the person buying the services is an authorized representative who can liaise with us on your behalf. The representative will act as your agent, and we can rely on their instructions or directions.
1.4 We work as an independent contractor, and these Terms and Conditions do not imply any relationship of employer/employee, partnership, or principal/agent between us. We are not engaging in any joint venture, and neither of us has the right or authority to act on behalf of the other or bind the other by contract or otherwise.
1.5 We reserve the right to use subcontractors to carry out some of the services, and we will decide the identity of any subcontractor engaged at our discretion. If a subcontractor requires you to comply with their terms of use, we will inform you.
Payment
2.1 The Fee for a Maintenance Plan is payable monthly or annually, depending on your Maintenance Plan’s terms. For all other services, the fee must be paid in advance. You can pay the fee through direct bank transfer or using our payment provider, Stripe. If you choose to pay through Stripe, each fee installment will be automatically deducted from your credit or debit card unless you or we cancel your Maintenance Plan as per the terms of the agreement.
2.2 Your Maintenance Plan will renew automatically unless you or we cancel it in accordance with the terms and conditions.
2.3 If we or our payment provider fail to deduct a fee installment on the due date, we reserve the right to:
- charge you interest on the overdue amount from the due date until the date of payment
- suspend or stop providing services to you; and/or
- require full payment in advance for any services that we agree to continue to provide.
2.4 We may amend the fee at any time with a written notice of at least 60 days to you. You may terminate your Maintenance Plan’s renewal if you wish to do so after receiving the notice. If you continue to use the service after the fee amendment, you agree to pay the new fee.
Cancellation and refunds
3.1 Our “MONEY-BACK GUARANTEE” allows you to terminate your Maintenance Plan by providing written notice to us at [email protected] if you wish to do so. If we receive such notice within 3 days of the date of your first payment, we will refund any fees paid and cancel your Maintenance Plan. However, if we have provided any “Small Tasks” or “Content Updates” services to you during this period under the Maintenance Plan’s included “Unlimited Hours,” we reserve the right to deduct S$30 per 30 minutes of such services provided from your refund.
3.2 No refunds are due for Maintenance Plan fees if notice is received more than 3 days after the date of your first payment.
3.3 You can cancel hosting services by providing at least 5 days’ written notice, but no refund will be due for the remainder of the month paid.
3.4 There will be no refunds for any services other than the Maintenance Plan, in accordance with above conditions.
The Services
4.1 Upon acceptance of your subscription to a Maintenance Plan, we will commence providing the Services within 3 Working Days. For all other Services, we will adhere to the schedule specified on our website or agreed upon with you.
4.2 You are required to grant us complete access to your Website, including code, files, and databases, to enable us to provide the Services according to our instructions.
4.3 We will ensure that all Client Materials are regularly and securely backed up. If there is any loss or damage to Client Materials, we will endeavor to restore them from the latest backup maintained by us or our subcontractor. We are not responsible for any loss, destruction, alteration, or disclosure of Client Materials caused by any third party except our subcontractors. We recommend that you maintain backups of all Client Materials.
4.4 If you opt for our hosting services and request us to manage your DNS, you are entitled to up to 500,000 DNS queries per month, which we manage via our cloudflare.com account.
4.5 If you exceed your Service limits, including tasks, visits, storage space, outgoing email, DNS queries, or bandwidth limits, we will contact you to discuss an upgrade. If you do not upgrade, we may at our sole discretion: (a) terminate your Service; (b) automatically upgrade your Service as required and invoice you accordingly; or (c) invoice you incremental costs such as S$20 per month for every 500,000 DNS queries per month (if we manage your DNS) or S$30 for each additional “Small Task” or “Content Update.”
4.6 If you exceed your available monthly maintenance tasks or do not have an active Maintenance Plan, you may purchase extra time at our current rates, which will be available as long as you have an active Maintenance Plan or up to 6 months from purchase if you do not.
4.7 Unused monthly “maintenance tasks” in a Maintenance Plan do not roll over to the following month. Your available tasks will reset on your monthly renewal date.
4.8 As part of a Maintenance Plan, we may install third-party plugins on your Website, such as ManageWP, Malcare, WP Rocket, All in One Migration, WordFence and others, to assist us in providing our Services. We carefully select third-party plugin providers but are not liable for any failure or error caused by such plugins. If you cancel your Maintenance Plan, we may require that you remove any of the plugins we have installed on your Website, and you must comply with this request within 5 Working Days.
Recurring Support and Maintenance Plans
5.1 Service hours for support and maintenance vary depending on your plan. These hours exclude Saturday and Sunday and national or public holidays.
5.2 You can log support tickets 24/7, and all support is provided via our ticketing system or email. We do not offer telephone or live chat support services.
5.3 Response times for support tickets vary based on your plan, ranging from 4 hours to 12 hours.
5.4 Basic, Business, and Complete plans come with 5 to unlimited Small Tasks per month, respectively, to deal with updates and other website tasks.
5.5 Unlimited Small Task or Content Edits and are subject to our Fair Use policy. You can submit as many Small Task or Edit requests as you like for our team to work through. Tasks will be worked on one at a time, in the order they are submitted, completing one before moving on to the next.
5.6 Unused support time for Basic, Business, and Complete plans does not roll over to the following month.
5.7 Backups are performed weekly for Basic and Business plans, daily for Complete plan.
5.8 We perform WordPress Core, Plugin, and theme updates monthly or more frequently if security or other threats arise.
5.9 The time to resolve support tickets will depend on various factors, including the complexity of the issue, third-party involvement, and ticket volume at any given time. While we work to resolve support tickets as soon as possible, we cannot provide an exact fix time.
5.10 All plans include malware protection, and Basic, Business and Complete plans include malware cleaning if your website becomes infected while you have an active support and maintenance plan with us.
5.11 The following outlines the scope of our unlimited small tasks or content edits service included in our Secure, Optimise, and Custom plans. While we cannot provide an exhaustive list of every item included or excluded, we have listed the most commonly requested items for your reference. If you require further clarification, please do not hesitate to contact us.
Included in the Basic, Business and Complete plans is editing and adding content to a page or post using the text and images you provide, making small styling changes through the page builder or CSS, adding a new plugin with default settings, and adding a product to your WooCommerce store.
However, the following items are not included: building a new website, editing any custom code in the website or plugins, migrating your website to a different server or host, graphic design, content creation, sourcing images, sourcing specific themes or plugins, and writing custom code.
- For example, we will edit the copy and text format on your Homepage if you provide us with the content, but we will not write new copy or format it without instructions.
- We will install and set up a new plugin to enhance your website’s functionality with its features, but we will not design and install a custom plugin to create new functionality and features.
- We will upload a blog post for you if you provide us with copy, images, and a formatting brief, but we will not write a blog for you, source images, or provide formatting ideas.
- We will add a new item to your WooCommerce store if you provide us with all the product details, but we will not build a new store or checkout for you.
5.12 Customer responsibilities.
- Your obligations include ensuring the accuracy and completeness of any content you send to us, setting up a direct debit or recurring payment method for ongoing fees, promptly paying invoices, responding in a timely manner to help us resolve support tickets on your behalf, providing admin access to your WordPress website(s), supplying FTP and/or SFTP account access, and supplying your current hosting account login details.
- If you fail to fulfill any of these obligations, we shall not be liable for any delays in providing the Services, including any resulting from the failure to provide any information, software (including premium or custom plugins or themes), content, or documents required from you.
5.13 To terminate your support and maintenance plan, you must provide us with one month’s advance notice.
5.14 In case you cancel your plan, we will uninstall any plugins or software that we have installed on your website as part of our service. Kindly note, deleting these plugins or software may affect the performance or functionality of your website.
IP Rights
6.1 The Client Materials’ Intellectual Property (IP) rights will remain your property, and these Terms and Conditions will not give us any ownership rights in the Client Materials, except as stated in Clause 8.
6.2 The IP Rights in all materials, including computer software, data or information developed or provided by us or our Subcontractors, and any know-how, methodologies, equipment, or processes used by us or our Subcontractors to provide the Services (collectively known as “Service Materials”), shall belong to us or our Subcontractors. If ownership of the IP Rights in the Service Materials does not automatically vest in us under these Terms and Conditions, you hereby transfer and assign all rights, title and interest in such IP Rights to us.
6.3 Once the Fee has been paid, we will grant you a right and license to use, reproduce, amend, display and publish any content in a website that we have created for you under the Services.
Client Materials
6.1 By accepting these Terms and Conditions, you confirm and guarantee that: (a) The Client Materials comply with all applicable laws, statutes, and regulations; (b) The Client Materials do not contain any fraudulent, false, or illegal content, promote violence or hatred, discriminate against any group of people, contain sexually explicit or offensive material, or otherwise violate any moral or ethical standards; (c) The Client Materials are free from any viruses or other harmful computer programs that may interfere with or intercept any system, network, or platform; and (d) The use of the Client Materials in connection with the Services will not infringe the intellectual property rights of any third party.
6.2 We reserve the right to block or remove any Client Materials that we believe violate any of the warranties stated in Condition 6.1. However, we are not responsible for monitoring or editing the Client Materials.
6.3 You agree to indemnify us and our directors against any costs, claims, demands, liabilities, expenses, damages, or losses arising out of or related to any breach of the warranties set out in Condition 8.1 or any other aspect of the Client Materials.
6.4 By providing the Services, we are granted a non-exclusive license to use, modify, display, reproduce, and distribute the Client Materials as necessary to perform the Services, including the right to sublicense such rights.
6.5 You acknowledge and agree that we are not responsible or liable for any Client Materials that are distributed through the Service, as we act only as a passive conduit for such distribution.
6.7 In the event of any loss or damage to the Client Materials, our sole and exclusive remedy will be to use commercially reasonable efforts to restore the lost or damaged Client Materials from the latest backup maintained by a Subcontractor on our behalf.
Confidential Information
7.1 The term “Confidential Information” shall refer to any confidential information, whether in writing or orally, in any medium, related to the business, products, financial and management affairs, customers, employees or authorized agents, plans, proposals, strategies or trade secrets disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”).
7.2 The Receiving Party shall not use, copy or disclose any of the Disclosing Party’s Confidential Information except to fulfill its obligations under these Terms and Conditions.
7.3 The Receiving Party shall disclose the Disclosing Party’s Confidential Information only to those of its employees who need to know the information to fulfill its obligations under these Terms and Conditions, and such employees shall be bound by written obligations of confidentiality and non-use that apply to the Confidential Information disclosed to them.
7.4 The provisions of Conditions 7.1, 7.2, and 7.3 shall not apply to any Confidential Information that: (a) is or becomes generally available to the public other than as a result of any act or omission of the Receiving Party; (b) is already in the possession of the Receiving Party, and the information is lawfully possessed by the Receiving Party from a person who owes no obligation of confidentiality to the Disclosing Party in respect of the information; or (c) is required to be disclosed by any court, government, or administrative authority competent to require disclosure.
Intellectual property
8.1 We retain ownership of all copyrights and other intellectual property rights that may exist in any products provided in relation to the provision of Services. We reserve the option to take necessary measures to prevent or stop the violation of such intellectual property rights.
Liability and indemnity
9.1 Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall set out in this section.
9.2 The total amount of our liability is limited to the total amount of Fees payable by you under the Contract in that calendar month.
9.3 We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
- Any indirect, special, or consequential loss, damage, costs, or expenses.
- Any loss of profits, anticipated profits, business, data, reputation, or goodwill, or any other third party claims.
- Any delay or failure to perform any of our obligations due to any cause beyond our reasonable control.
- Any losses caused directly or indirectly by your failure to perform your obligations or breach of these Terms and Conditions.
- Any losses arising directly or indirectly from the choice of Services and how they meet your requirements or your use of the Services or any goods supplied in connection with the Services.
9.4 You must indemnify us against all damages, costs, claims, and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
9.5 However, nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
Data Protection
10.1 In the course of providing Services to the Customer, the Service Provider may come into possession of personal data belonging to the Customer’s employees, with the ability to transfer, store or process such data.
10.2 The parties agree that, where the Service Provider processes personal data, the Customer shall be considered the ‘data controller’ and the Service Provider shall be the ‘data processor’ in accordance with the General Data Protection Regulation (GDPR), as amended, extended and/or re-enacted from time to time.
10.3 The terms ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data Processor’, and ‘Data Subject’ shall have the same meaning as in the GDPR.
10.4 The Service Provider may only process Personal Data to the extent reasonably required to provide the Services as outlined in these terms and conditions or as agreed with the Customer.
10.5 The Service Provider must not retain any Personal Data beyond the necessary processing period and may not process any Personal Data for its own or any third party’s purposes. The Service Provider may only disclose Personal Data to employees, directors, agents, subcontractors, or advisors on a strict ‘need-to-know’ basis and only in accordance with the conditions specified in these terms and conditions or as required by applicable legislation and/or regulations.
10.6 The Service Provider must implement and maintain appropriate technical and organizational security measures to protect Personal Data processed on behalf of the Customer.
10.7 Additional information on the Service Provider’s approach to data protection can be found in its Data Protection Policy, available on its website. For any inquiries or complaints regarding data privacy, please contac
Force Majeure
11.1 In the event that either party is unable to fulfill their obligations due to circumstances beyond their control, including but not limited to industrial action, civil unrest, natural disasters, acts of terrorism, acts of war, governmental action, or any other event that is beyond the control of the affected party, neither party shall be held liable. If such delay continues for a period of 90 days, either party may terminate the Services outlined in these Terms and Conditions.
No waiver
12.1 Any delay, act, or omission by a party in exercising any of its rights or remedies under these Terms and Conditions shall not be construed as a waiver of such rights or remedies. The failure to exercise any right or remedy shall not prevent the party from exercising that or any other right or remedy at a later time.
Fair use policy
13.1 The Service Provider stipulates that the use of its Services that necessitate human assistance must adhere to a “fair usage limit.” This limit is not determined by a specific duration of time, but rather, it will be considered excessive if the Service Provider, in its reasonable judgment, deems it to be so.
Price Change Policy
14.1 We may change prices at any time without notice, subject to our discretion. We’ll strive to keep prices competitive and fair. Verify prices at time of purchase.
Get In Touch
If you have any questions or would like some more information, just email us [email protected]
